3695. Misbranding of multivitamin capsules. ,U. S. v. 10,000 Capsules, etc.
(F. D. C. No. 32509.    Sample No. 32967-L.)
LIBEL FILED :   February 13,1952, Northern District of Illinois.
ALLEGED SHIPMENT :    On or about January 11, 1952, from Detroit, Mich.
PRODUCT: 10,000 capsules in bulk and 73 bottles, each bottle containing 100
capsules, of multivitamin capsules in possession of Dr. Tark's Vitamins, Oak
Park, 111.
RESTJLTS OF INVESTIGATION : The article had been shipped in bulk, and the por-
tion in the bottles had been repacked from the bulk shipment and relabeled
by the consignee. A number of circulars entitled "With Thread Alone, You
Cannot Sew," which had been printed locally, were in possession of Dr. Tark's
Vitamins, the consignee.
LABEL, IN PABT: (Bottle) "Dr. Tark's Vitamins One Capsule Daily Provides
Vitamin A (Fish Liver Oil 5000 units, Vitamin D Irradiated Ergosterol) 1000
units, Vitamin B-l (Thiamin Chloride) 2.5 mg., Vitamin B-2 (Riboflavin) 2.5
mg., Vitamin B-6 (Pyridoxine Hydrochloride) 0.5 mg., Vitamin C (Ascorbic
Acid) 40. mg., Niacinamide 20. mg., Calcium Pantothenate 5. mg. Vitamin E
(d-alpha tocopherol acetate) 2. I. XL, Folic Acid 0.5 mg., Vitamin B-12 USP
1. meg."
NATURE OF CHARGE: Misbranding, Section 502 (a), the above-referenced cir-
cular accompanying the article contained statements which were false and
misleading. These statements represented and suggested that the article was
effective in the prevention and treatment of neuritis, arthritis, rheumatism,
caries of teeth, pyorrhea, common colds, listlessness; sleeplessness, nervousness,
goiter, high blood pressure, heart disease, anemia, and hardening of the
arteries, and that the article would help the blood stream remove calcium
salts from the body, thereby relieving or preventing inflammatory rheuma-
tism, stiff joints, and body aches and pains. The article was not effective in
the prevention and treatment of the conditions stated and implied, and it was
not capable of fulfilling the promises of benefit made for it. The article was
misbranded while held for sale after shipment in interstate commerce.
DISPOSITION: April 10, 1952. Default decree of condemnation. The court
ordered that the product be delivered to a public institution, for the consump-
tion of the inmates, but not for sale.